WHEN the Great and Little Osage tribes,
by the treaty of June 2, 1825, [1] ceded and relinquished to the United
States all their claim to lands south of the Kansas river, and lying west
of the state of Missouri and the territory of Arkansas, they reserved so
long as they might choose to occupy the same, a rectangular tract of land
in what is now southern Kansas, just west of the Cherokee neutral lands.
[2] The tract was fifty miles wide and about one hundred and twenty-five
miles long. By the treaty of September 29, 1865, [3] the Osages agreed to
sell the eastern part of this tract of land to the United States. They
ceded the northern part of the tract, or a strip twenty miles wide, to the
United States to be held in trust and sold for their benefit at a price
not less than one dollar and a quarter an acre; and the Osages agreed to
settle upon their "diminished reservation." According to the treaty the
Osages might unite with any tribe of Indians at peace with the United
States, residing in the Indian territory.

The treaty provided that if the Osages
should agree to remove from Kansas and settle on lands to be provided for
them by the United States in the Indian territory on such terms as might
be agreed on between the United States and the Indian tribes then residing
in said territory or any of them, then the diminished reservation should
be disposed of by the United States in the same manner and for the same
purpose as provided in the treaty in relation to said trust lands, except
that fifty percent of the proceeds of the sale of the diminished
reservation might be used by the United States in the purchase of lands
for a suitable home for the Osages in the Indian territory.

Articles fifteen [4] and sixteen of the
Cherokee treaty of 1866 helped

(287)

288 KANSAS HISTORICAL QUARTERLY

to pave the way for the removal of the Osages from Kansas. A few years
after the execution of the treaty, when valuable interests were involved,
every word of these articles was examined and reexamined in an effort to
apply every possible construction. Article sixteen was the more important,
because the Osages finally settled on lands west of the ninety-sixth
meridian. The article reads:

The United States may settle friendly
Indians in any part of the Cherokee country west of 96°, to be taken
in a compact form in quantity not exceeding one hundred and sixty acres
for each member of each of said tribes thus to be settled; the boundaries
of each of said districts to be distinctly marked, and the land conveyed
in fee simple to each of said tribes to be held in common or by their
members in severalty as the United States may decide. Said lands thus
disposed of to be paid for to the Cherokee nation at such price as may be
agreed on between the said parties in interest, subject to the approval of
the President; and if they should not agree, then the price to be fixed by
the President. The Cherokee nation to retain the right of possession of
and jurisdiction over all of said country west of 96° of longitude
until thus sold and occupied, after which their jurisdiction and right of
possession to terminate forever as to each of said districts thus sold and
occupied.

According to the treaty if the United
States settled Indians on unoccupied lands east of the ninety-sixth
meridian they were to be both "civilized" and "friendly," but the latter
requirement alone sufficed for those settled west of that line. Article
sixteen provided for the conveyance of the land in fee simple to Indian
tribes, but did not specify by whom it should be conveyed. The last four
words of the article deserve scrutiny. The words "thus sold" apparently
refer to the words "paid for" used in the preceding sentences If the
Cherokees had a fee-simple title to the Outlet prior to the treaty of

CHAPMAN: REMOVAL OF THE OSAGES 289

1866, which they appear to have had," the title remained in them until
conveyed by them as provided for in the treaty, or otherwise. By the
treaty the United States was made the agent of the Cherokees for the sale
and disposition of the lands. It seems to have been a condition generally
accepted that the Cherokees were occupying the lands of the Outlet; the
patent of 1838 had specified that lands granted to the Cherokees should
revert to the United States if the Cherokee nation abandoned the same.

An unratified treaty of May 27, 1868 [7]
set forth terms on which the Leavenworth, Lawrence and Galveston Railroad
Company might purchase the lands of the Osages in Kansas. Article one
stated that the Osages were desirous of removing to a new and permanent
home in the Indian territory. By article fourteen the United States agreed
to sell to them, for their future home, at a price not to exceed
twenty-five cents per acre, the district of Cherokee country lying between
the ninety-sixth meridian and the middle of the main channel of the
Arkansas river. It was agreed that the United States should, at its own
expense, cause the boundary lines of said country to be surveyed and
marked by permanent and conspicuous monuments. It was also stipulated and
agreed that when the United States had secured a title to the said
district of country, the Osages should be required to remove and reside
thereon; but that nothing in the treaty should be so construed as to
compel them to remove from their reservation in Kansas until the
government had secured said title, and notice thereof had been given by
the Commissioner of Indian Affairs to the agent of the Osages.

In his annual report the next year the
local agent stated that in view of the condition of the Osages, their
location and the immense immigration pouring in on the diminished
reservation, nothing better could be done than to amend the treaty in
certain provisions, so as for the government to take all the Osage lands
in Kansas and move the Osages to Indian territory. [8] Supt. Enoch Hoag,
after holding a

KANSAS HISTORICAL QUARTERLY 290

council with the Osages, reported on October 11, 1869, that it was his
judgment that the larger portion of the tribe would prefer that the treaty
should not be ratified. According to his report the Osages stated that
they were anxious to sell their lands and remove to the Indian territory,
whether or not the treaty was ratified. [9] In January, 1870, Agt. Isaac
T. Gibson, in three letters, reported to Hoag that the lands of the Osages
were being unlawfully intruded upon by white settlers and that there was
danger of an outbreak on the part of the Indians in defense of their
homes. [10] On January 28 the Office of Indian Affairs received a
recommendation from Hoag stating that if the treaty were not ratified the
government should at once buy the lands of the Osages and open a new home
for them south, where they desired to go. "If this is long delayed," said
Hoag, "war may result therefrom." [11] In view of the impoverished
condition of the Osages, and as affording a mode of speedy settlement of
the diffIculties arising from the encroachment of the whites, Com. E. S.
Parker on March 3 suggested that it be recommended to congress that the
sum of $50,000 be immediately appropriated to remove and settle the Osages
in the Indian country. [12]

In March the Office of Indian Affairs was
informed that the Osages desired to send a delegation of their tribe to
Washington on business considered by them to be of great importance.
According to Gibson, they desired to consider, among other things, the
making of an agreement disposing of their lands and providing for
themselves a new home. [13] Commissioner Parker did not approve their
request, but submitted it to Sec. Jacob D. Cox for consideration and.
instructions. [14] Cox said that while he was opposed to the practice of
Indians coming to Washington, under the impression that they could be
benefited, he was inclined to grant the request of the Osages. "They have
certainly been imposed upon and cruelly wronged by the settlers in
Kansas," he said, "and I suggest that Agent Gibson be instructed to bring
to Washington such delegation of the Osages as they may select, in order
that the Department may hear from them the story of their wrongs, and may
take action with a view to redress them." [15] On April 5 Parker directed
that Gibson

CHAPMAN: REMOVAL OF THE OSAGES 291

bring a delegation, not more than six in number and also an
interpreter, to Washington at the earliest day practicable. [16]

At a certain payment made to the Osages
on May 4, Hoag took the opportunity in general council to urge them, for
their welfare, to visit the Commissioner of Indian Affairs through a
judicious delegation, and with the approval of the President, arrange for
the disposition of their lands in Kansas, and the securing of a new home
in the Indian territory at the earliest period possible [17] Although the
Osages appeared fully to realize the advantages as set forth by Hoag, and
to appreciate the interest of the government in the premises, they failed
to elect a delegation, and scattered to the plains. There was so much
feeling in the tribe on the subject of treaties that Hoag considered it
difficult for them to select a delegation with authority to sell their
lands, in view of the responsibility and displeasure of the tribe that
might follow.

In a letter to Commissioner Parker on
June 7 Hoag stated that Gibson was of the opinion that the Osages would
not return to their homes after their hunt. He suggested that Gibson be at
once directed to go to Washington and give the Department what information
he could in the matter and confer therewith as to the best course to be
pursued. With his letter Hoag enclosed a letter from Joseph
Pah-ne-no-posh, governor of the Osage nation, stating that it was the
desire of all the headmen of the nation for the President to send
commissioners to them about August 20 to make a treaty, as they expected
to make a short hunt and come in. [18] "If the Department should authorize
a commission to treat with them for the sale of their lands, and their
removal to a new home," said Hoag, "I would suggest that, to avail
themselves of the confidence of the Osages, it should be a body
representing the Government, and who had not participated in former
treaties with them, as misrepresentations have produced a shyness with
many of the tribe." On June 20 the Office of Indian Affairs recommended
that necessary measures be taken in order to have the asked for council
held in the Osage country at the time requested and that the government be
represented in the council by members of the President's special Indian
commission. [19]

Sections twelve and thirteen of the
Indian appropriation act of July 15 [20] provided that whenever the Osages
should agree thereto,

KANSAS HISTORICAL QUARTERLY

in such manner as the President should prescribe, it should be his duty
to remove them from Kansas to lands provided or to be provided for them
for a permanent home in the Indian territory, to consist of a tract of
land in compact form equal in quantity to one hundred and sixty acres for
each member of the tribe, or such part thereof as said Indians might
desire, to be paid for out of the proceeds of the sales of their lands in
Kansas, the price per acre for such lands to be procured in the Indian
territory not to exceed the price paid or to be paid by the United States
for the same. And to defray the expenses of said removal, and to aid in
the subsistence of the Osages during the first year, the sum named by
Commissioner Parker in his letter of March 3 was appropriated, to be
reimbursed to the United States from the proceeds of the sale of the lands
of the Osages in Kansas. These lands, including the trust lands north of
the diminished reservation, excepting sixteen and thirty-six sections,
which should be reserved to Kansas for school purposes, should be sold to
actual settlers at the price of one dollar and a quarter an acre; payment
to be made in cash within one year from the date of settlement or of the
passage of this act.

It was agreed that the United States
should pay interest annually on the amount of money received as proceeds
of the sale of the lands at the rate of five percent, to be expended by
the President for the benefit of the Osages, in such manner as he might
deem proper. The proceeds should be carried to the credit of the Osages on
the books of the Treasury. There were to be erected at their new home in
the Indian territory, agency buildings, a warehouse, a dwelling and shop
for a blacksmith, a saw and grist mill, a schoolhouse and church.

In a report from the Office of Indian
Affairs on July 19 the attention of the Secretary of the Interior was
asked to the consideration of the request of Gov. Joseph Pah-ne-no-posh of
May 20 that commissioners be appointed and sent to the Osages about August
20 to make an agreement with them, apparently in relation to their
removal. Commissioner Parker recommended that steps be taken as soon as
practicable to carry into effect the provisions of sections twelve and
thirteen of the Indian appropriation act of July 15. [21] A copy of the
report was transmitted by Secretary Cox on July 22 to Vincent Colyer,
secretary of the Board of Indian Commissioners, with the request that the
board inform the Office of Indian Affairs at what time it would be
practicable for them to visit the Osages, to

CHAPMAN: REMOVAL OF THE OSAGES 293

carry into effect the recommendations contained in the report, [22] The
subject was brought before the board at its special meeting in New York on
July 28. John V. Farwell,.John D. Lang and Colyer were appointed a
commission to visit the Osages, and if upon consultation with them it
should be ascertained that they accepted the proposition of Congress, the
commission were to assist them to the extent of their ability. On August 2
Acting Commissioner Cady wrote to the commission as follows:

Your board having arranged to be present at the council to be
held with the Osages, in the Cherokee country, with a view to establishing
this tribe upon a new reservation there, to be purchased from the
Cherokees, the Secretary of the Interior directs me to say to you, that it
is desired that the price to be given for the land shall not exceed 50
cents per acre, and that in making the arrangement with the Cherokees,
your endeavor will be to subserve the interests of the Government as well
as those of the Indians, and to effect, if possible, the purchase at even
a less price. [23]

However, Cady said that the matter was
left to the discretion and sound judgment of the commission, and it was
expected that the object would be accomplished to the satisfaction of all
parties interested.

Accompanying the letter was a copy of
another letter by Cady to Hoag stating that the place of the meeting of
the council with the Osages must be in the country to which they were to
remove and not upon their reservation in Kansas. [24] On August 6 Hoag was
advised that William P. Adair, Clement N. Vann and six other persons had
been appointed commissioners on behalf of the Cherokee nation to meet the
Osages in council in the Cherokee country sometime during August to confer
upon the matter of procuring the Osages a home in that country. [25] The
Cherokees were invited to be present at the council for the purpose of
arranging their own terms. [26] Colyer objected to the provision in the
instructions stating that the council should be held in the Cherokee
country, since it assumed that the Osages would accept sections twelve and
thirteen of the recent Indian appropriation act. On August 11 the
instructions

KANSAS HISTORICAL QUARTERLY 294

were changed so that it was left to the Osages themselves to select the
council ground. [27]

About this time Agent Gibson sent out
runners to notify the chiefs of the coming of the commission. But when the
commission arrived at the Osage agency at Montgomery, Kan., on August 20
the tribe were nearly all out on the plains buffalo hunting. Pending the
arrival of the Osages, the commission engaged teams, and accompanied by
Hoag and Gibson, they occupied the four following days in visiting and
inspecting the Cherokee lands they believed to be just west of the
ninety-sixth meridian, to which lands it was proposed to remove the
Osages. It may be that these horsemen were more engrossed in the location
of the future home of the Osages than in finding for themselves a retreat
from the rays of the August sun; and that they faithfully rode across an
expanse of good land in the valley of the Cana. The commission said:

We rode forty-five miles into the
reservation, making a wide detour on our return, so that we could see as
much of it as possible. We found the land of excellent quality, a liberal
proportion of it, along the banks of the Cana, good bottom land, well
timbered, with tall and thick prairie grass, plenty of water, and the
upland rolling, apparently covered with good pasture for cattle, and
considerable timber. [28]

CHAPMAN: REMOVAL OF THE OSAGES 295

In establishing the Osage reservation
there was no question more vexing than the location of the ninety-sixth
meridian through the Cherokee country. The commission said that they could
not find anyone who could inform them correctly as to the location of that
line; nor were there any surveyor's marks to be seen. By the advice of the
commission and the urgent request of the Osages, Superintendent Hoag
employed a surveyor to run the line immediately. He probably employed A.
H. Perry. At any rate a special or preliminary survey of the line was made
in the autumn of 1870 for which Perry was allowed the sum of $618. [29]

The commission were confronted by two
obstacles to which they turned their attention before the Osages came in
from the plains for a conference with them. First, there were about three
hundred white people already settled upon the lands designated as a new
reservation for the Osages. By September 2 troops were in southeastern
Kansas for the purpose of removing the trespassers from the lands and many
of them were removed during the fall. Second, there was difficulty in
satisfying Osages who were opposed to the acceptance of sections twelve
and thirteen of the act of July 15, 1870. Among them were half-breeds who
had farms of choice land worth twelve or fifteen dollars an acre. The
commission found it desirable to accept pledges made by a mass meeting of
citizens settled upon the Osage reservation in Kansas, who as a
"community" agreed to resolutions guaranteeing to the half-breeds full
protection in their right to enter their claims as white settlers, should
they desire to remain upon them, and if not of selling them, and extending
to the purchasers of such Indian claims the same protection in their right
to enter. According to the commission there was no other alternative but
for them to pledge their influence with the government to secure all that
the mass meeting had guaranteed, or fail to get the desirable cooperation
of these half-breeds. Consequently they said to the half-breeds that if
they would sign "the bill" the commission would use its influence with the
government "to compel those twenty thousand squatters to redeem their
pledges to the very letter." It is almost incredible that the commission
or Osages would expect the Kansas frontiersmen to keep, without
compulsion, pledges and promises to their own economic detriment. [30] But
with the two obstacles

296 KANSAS HISTORICAL QUARTERLY

temporarily eliminated, the way for an agreement with the Osages was
open.

The commission met the Osages on the old
council ground on the banks of Drum creek, at the agency. There was
considerable discussion about the price the Osages were to pay for their
new reservation. The commission fully explained to them the instructions
of the government, that they were not to pay more than fifty cents per
acre, in case they could not agree with the Cherokees, and referred the
matter of price to the President.

Clement N. Vann, representing the
Cherokees, [31] was early on the ground, looking after the interest of his
people, and was zealous in endeavoring to get one dollar and a quarter an
acre for the lands to be occupied by the Osages. The commission said: "So
earnestly did he press this that the Osages seemed at one time to be fully
persuaded that they must pay that price for the new land, and it hindered
our progress considerably." [32] However the commission stated that they
succeeded in satisfying the Osages that the President would not make them
pay more than fifty cents an acre for the lands.

After the commission had had repeated
conferences with the chiefs, a full council of the Osages assembled under
a large elm tree in the afternoon of September 10 to determine whether
they would accept or reject sections twelve and thirteen of the recent
Indian appropriation act. All the tribes and bands of the Osages, except
Young Claymore's band, were represented by their chiefs or headmen. A vast
assembly of white settlers also came to witness the results of the day. In
council the Osages observed that the land was as good as the money offered
to them, and in fact could be longer retained by them. Gov. Joseph
Pah-ne-no-posh stated that the government should pay the Osages about
$300,000 for damages inflicted upon them by white intruders. [33] He
presented to the commission a petition addressed to the President, signed
by twenty-three chiefs, head men and councilors of the Osages.

The petition stated among other things,
that the Osages felt assured that "the bill" was the work of their
friends, and not of speculators. It requested that the Osages be allowed
to purchase a larger tract of country from the Cherokees than that
provided in the act; to hold their lands in common until

CHAPMAN: REMOVAL OF THE OSAGES 297

they asked for them to be sectionalized; and that the right to hunt
buffalo on the western prairies on government land be secured to them as
long as buffalo continued plentiful. The Osages in the petition requested
protection from intrusion upon their lands. And they asked that the United
States purchase for them, adjoining their lands in Indian territory, the
same quantity of land as had been granted Kansas for school purposes out
of the Osage lands. [34]

The council was adjourned until after
supper, was reconvened at 8:30 in the evening, and the necessary
signatures of the Osages were appended to the act signifying their
acceptance of the same. [35] On September 12 Watanka, head councilor of
the Claymore band, arrived at the council grounds, and after having fully
asserted his dignity and right to be consulted, signed the act.

The Board of Indian Commissioners
observed that five weeks were required to allow the Osages time to decide
upon the acceptance of the act, and that it was "probably the most
important transaction of their lives." [36]

Since the Osages agreed to part with
their lands in Kansas, it became necessary to determine what Cherokee
lands they should occupy, and also the area and price of the same. They
gave their number to the commission as 3,500 souls, which number according
to the Cherokee treaty of 1866 would allow them a tract of 560,000 acres.
A delegation appointed by the Osage national council in September
proceeded on the duty of selecting a new home for the tribe in the Indian
territory. In a regular council called for that purpose, the principal
chiefs on October 26 formally selected a tract of country which the Osages
had frequently occupied temporarily, and had for years regarded as their
future home. [37] The tract was considered to be 60 miles long, 16 2/3
miles wide and to comprise 640,000 acres. The ninety-sixth meridian, as
determined by the special survey in the fall of 1870, severed the tract in
twain.

During the fall the Osages settled on the
tract and began making improvements thereon. Their efforts were arrested
by allegations of the Cherokees that the special survey of the
ninety-sixth meridian was in notorious variance with the official maps
furnished them by the government, and with every map known to exist; and
that under this "surreptitious survey" the Osages were really making
improvements upon Cherokee soil east of the true ninety-sixth meridian.
[38]

298 KANSAS HISTORICAL QUARTERLY

The situation of the Osages was further
complicated because soon after they officially made their selection of
land, a delegation of Kaws, with their agent, selected a tract of land for
that tribe in the northern part of the Osage tract, and buttressed against
the ninety-sixth meridian as determined by the special survey. [39] Most
of the white settlers whom the military removed in the fall of 1870 from
the lands of Indian territory bordering on Kansas, returned promptly when
the soldiers left.

During the summer Clement N. Vann,
verbally and by letter, had pointed out that it would be better for the
Osages and Cherokees to agree upon the price of the lands to be occupied
by the Osages than to have the price determined by the government, because
more cordiality and cooperation could then be expected between the two
tribes. [40] Arrangements were made by Agent Gibson and Vann for a meeting
of representatives of the two tribes on Cana river in the autumn, but the
meeting did not take place. On October 22 Principal Chief Downing
suggested that the Osages send a delegation to the Cherokee national
council, soon to convene, which body would have full power to represent
the Cherokees. [41] The Osages were anxious to have the matter settled and
preferred to have the President determine the price of the lands. But on
the recommendation of Gibson a delegation was appointed to go to
Tahlequah. The Osage council instructed the delegation fully as to the
choice of land, as to price, and instructed them to send their business to
the President if negotiations with the Cherokees were not successful. In
the minutes of the Osage council meeting of October 26 Gibson listed the
names of ten delegates who were appointed-instructed to meet here
(Canaville) in 12 days (Nov. 7), families of delegates to be subsisted
here during their absence at nations expense. Delegates instructed as
their first choice on both sides of 96--and second choice just west of 96.
6 of the Delegates will constitute a quorum. Delegates were instructed not
to offer more than 25 cts per acre for the land except in case that the
Cherokee Council offer to take 50 cts. per acre [42]

CHAPMAN: REMOVAL OF THE OSAGES 299

On November 17 Gibson and the Osage
delegation arrived at Tahlequah. In a letter to the Cherokee national
council the following day they referred to the selection of land made by
the Osages, observed that the desirable land was in the eastern part of
the selection, and they stated that the Osages had been virtually homeless
for a considerable time and were anxious to acquire a permanent home. They
stated that if the lands selected by the Kaws, amounting to about 93,440
acres, were included in the Osage tract, it would be necessary to increase
the width of the tract to 19 1/10 miles. They asked the national council
to consent to occupation by the Osages of that part of their selection
east of the ninety-sixth meridian as then determined, and also to state
the lowest price per acre for all the lands embraced in their selection.
[43]

According to Gibson the Cherokee national
council appeared to the Osage delegation to be very dilatory in their
action; and the delegation became indignant at the delay. On November 30
Gibson addressed a letter to the commissioners on behalf of the Cherokee
nation named in Acting Commissioner Cady's letter of August 6, stating
that the delegation would like to confer with them that day on the subject
of procuring a home for the Osages in the Cherokee country. [44] On the
same day Adair and Vann replied that it was their desire to accommodate
their unfortunate brethren, the Osages, so far as they possibly could, but
that their commissions expired at the termination of the late Osage
council, called at the suggestion of the Interior Department. They stated
that the matter of negotiating with the Osages was then engaging the
official attention of the national council, and that it was to be hoped
that it would soon be consummated with full satisfaction to all parties
concerned. They asked that the delegation be patient until the national
council should take legal action in the matter, which was of great
importance to the Cherokees, the Osages and the government, and dispose of
the same promptly and finally in a formal and business manner. [45] On the
same day Principal Chief Downing explained that the matter of negotiating
with the Osages had not been subjected to any unnecessary delay, although
it might have had to yield to other business that had legitimate
precedence. [46]

The patience of the delegation was
wearing

300 KANSAS HISTORICAL QUARTERLY

thin and after two weeks of fruitless effort to bring about a council
with the Cherokees, they left Tahlequah.

An act of the Cherokee national council
approved December 1 provided for the appointment of five commissioners to
meet commissioners representing each of the several bands of Osages on
January 2, 1871, "at Lewis Choteau's on Cana Creek" for the purpose of
selecting and locating a permanent home for the Osage tribe west of
ninety-six degrees. The area of the tract should be equal to one hundred
and sixty acres for each citizen of the Osage and Kaw tribes who might
locate therein. The Cherokee commissioners were not authorized to agree
upon a smaller price for the lands than one dollar and a quarter an acre.
[47]

On December 3, 1870, a copy of the act
was sent to Agent Gibson at Montgomery, Kan. In a letter to Principal
Chief Downing on December 16 he observed that the act did riot authorize
negotiations for Cherokee lands east of the ninety-sixth meridian, and
that it also deprived the Osages from choosing their home from any
Cherokee lands they might desire, west of that meridian, when taken in
compact form. He set forth how faithfully the Osages and he had labored to
bring about an agreement with the Cherokees, how at much expense, in poor
quarters and amid disagreeable surroundings the delegation had remained
two weeks in Tahlequah. He stated that friendship and brotherly love would
certainly have prevailed but for a failure for which the Osages and he did
not feel responsible. He explained that the Osages were scattered over the
plains and that it would be impossible for them to hold a council with the
Cherokees before spring. "Knowing as I do, somewhat of the feelings of
both tribes on this subject," he said, "such a council, with your
commissioners, under the limitations, and instructions of that Act, is an
occasion to be avoided." He said that the offer of the Osages was
twenty-five cents an acre for the tract they had selected; and that he
deemed it of the utmost importance to both tribes that the disagreement
between them should be submitted at once to the President as provided in
the Cherokee treaty of 1866. [48]

CHAPMAN: REMOVAL OF THE OSAGES 301

On the same day Gibson addressed a
statement of sixteen pages to Commissioner Parker in which he favorably
reviewed for the Osages, their recent relations with the Cherokees. [49]

He recommended that the matter of
securing a reservation for the Osages be submitted to the President, and
that the selection they had made be confirmed to them. He did not fail to
say that they had been assured by the President's commissioners that they
would not have to pay more than fifty cents per acre for the lands
selected west of ninety-six degrees; and that it was with this
understanding that they had agreed on September 10 to remove to the Indian
territory.

A sketch map which he enclosed with the
statement showed the rectangular tract of land selected by the Osages to
be equally divided by the ninety-sixth meridian as determined by the
special survey, so that it included a strip eight and one third miles
wide, extending from Kansas to the Creek country, east of said meridian as
then determined.

In explaining why the Osages had selected
one half of their lands east of the ninety-sixth meridian as then
surveyed, Gibson said that the desirable agricultural land in the region
west of that line was limited to a strip about three miles wide and sixty
miles long, contiguous to the line. This small quantity of land, "in a
string shape," was deemed insufficient by them. Gibson stated that the
next eight and one third miles just west of the lands selected by the
Osages was not worth five cents an acre for agricultural purposes. He
said that it would be a misfortune for the Osages to receive it as a gift,
compared to their securing the same number of acres east of the
ninety-sixth meridian at a cost of five dollars an acre. Gibson
continued:

The contrast between the surface of the country on the two
sides of said line, is remarkable. On the West, the land rises from 200 to
500 feet, above the Cana River, and continues broken and rocky, and
comparatively valueless, westward, to the Arkansas River. This broken
range also continues South, parallel with said line, to the Arkansas
River. The face of the country Southwest is of the same character. In
exploring this wilderness, I have not found it possible to penetrate its
recesses with a wagon, though it is said a California train many years
ago, cut its way through these terrible passes to the Arkansas River, but
there is no account of any one since, having the hardihood to repeat the
undertaking. . . . The scenery is indeed wild, and grand, but
certainly, it is not a fit place to settle wild Indians, and presume on
Divine assistance in effecting their civilization. If educated white men
were located here, the life they would be compelled to lead, would
certainly lead them to barbarism, and starvation. Such is, unquestionably,
the general character of the country

302 KANSAS HISTORICAL QUARTERLY

between 96 and the Arkansas River, as I have found it by
personal examination, and from the testimony of scores of Osages, who know
it well, and also from other Indians, and white men, who traversed it
during the war. [50]

The surface East of 96, is a beautiful
plain, rising gradually, from the Cana River to the dividing line between
that river and the Verdigris; nearly every acre is plough-land and
productive, small creeks, for stock water, occur at regular intervals, . .
. with narrow belts of timber, though not enough for building and fencing
purposes; this supply properly comes from the heavy timber, on the Cana,
which . . . lies mostly west of 96; hence the natural appearance of the
country, strikes the observer, at once, that the land lying contiguous to
96, should belong to the same people.

On January 12, 1871, Gibson wrote that
the Osages must have one half of their reservation east of the
ninety-sixth meridian, if money could buy it.

On January 31 Commissioner Parker
reviewed the petition addressed to the President by the Osages and
presented by them to the President's commissioners on September 10, 1870.
He observed that the Cherokee treaty of 1866 and the act of July 15, 1870,
made provision for the quantity of land which the Osages should be allowed
to purchase (being one hundred and sixty acres for each member of the
tribe) and that no authority of law existed for allowing an increase in
the quantity thereof. He considered the quantity provided for to be
sufficient for all the reasonable wants or requirements of the Osages.
He saw no objection to their request that they be allowed to hold their
lands in common or to their request to hunt buffalo on public lands of the
United States, and he recommended that both requests be granted. In his
judgment the existing statutory provisions 52 afforded ample authority to
guarantee security and protection to the Indians against intruders. He
deemed the claim of the Osages for compensation, in some substantial form,
for the loss of the "school sections" in Kansas to be eminently just and
proper, and he recommended that Congress be asked to give the matter
favorable consideration. [53]

On January 28 Parker requested the
Cherokee delegation in Washington to submit to the Office of Indian
Affairs at as early day

CHAPMAN: REMOVAL OF THE OSAGES 303

as possible such objections, if any, as they might deem proper to
present to the selection of reservations for the Osages and Kaws, a.
portion of the lands embraced in the same to be east of ninety-six
degrees, in the Cherokee country. [54] In a reply on February 2 the
delegation quoted from their instructions, given by the Cherokee national
council under date of December 14, 1870, stating that they were without
authority to limit, cede or dispose of, any part of the domain of the
Cherokee nation east of ninety-six degrees, or to admit or incorporate any
Indians therein, without the approval of the national council. They called
attention to the fact that they were instructed to provide for the
extension of the western boundary of the Cherokee reserved lands, so as to
include east of said boundary all Cherokees, and recognized citizens of
the Cherokee nation. Article fifteen of the Cherokee treaty of 1866
provided for the settlement of "civilized" Indians on Cherokee lands east
of ninety-six degrees. The delegation stated that it was well known that
neither the Osages nor Kaws were "civilized" but were known as "blanket
Indians" who lived by the chase, and hence did not come within the class
of Indians designated in the article. They endeavored to show that the
article provided that settlement should be made as whole tribes or as
individuals and not as fractions of tribes.

In their opinion article sixteen of the
treaty did not authorize the cutting in two of Indian tribes by the line
of ninety-six degrees in settling them upon Cherokee lands. They noted
that if the survey of that line when "properly made" should cut in two,
lands assigned to the Osages and Kaws, the political situation for these
tribes would be embarrassing. The delegation also said:

The Cherokees have reluctantly
yielded to a painful necessity in assenting to sell their lands as far
east as 96°, and are strongly opposed to making any further cessions.
They would en mass sharply oppose any such location of the Osage
and Kansas Tribes as you have suggested, and the enforcement upon them of
any such arrangement, at once so impalatable and so unexpected would
almost unavoidably result in a ruption of the present friendly relations
between the C/herokees and these Tribes.

The delegation observed that article
fifteen of the treaty of 1866 provided for the settlement of Indians,
"friendly with the Cherokees," east of the ninety-sixth meridian. They
stated that since 1868 the Osages had frequently appealed to the Cherokees
to let them have the country on both sides of the "upper Cana river,"
believed to be east of ninety-six degrees; and that when the Osages

304 KANSAS HISTORICAL QUARTERLY

were informed at their council at Montgomery in August, 1870, that the
line was east of said part of the river, they expressed great satisfaction
that it had been so determined. It was also noted that the Osage petition
of September 10 following had made no mention of securing lands east of
ninety-six degrees. In conclusion the delegation remarked:

We are personally acquainted
with many of the leading men and chiefs of the Osages, and have never
heard them express any dissatisfaction at the idea of settling west of
96°, but from the agent of the Osages, we have heard much argument in
his efforts to show that the location west of 96° would be unsuitable
for the future home of the Osages, according to his theories. [55]

On February 16 Commissioner Parker
outlined the history of the controversy relative to settling the Osages
and Kaws on Cherokee lands on both sides of the ninety-sixth meridian. He
recommended (in case the Secretary of the Interior and the President were
of the opinion that authority existed therefor under the provisions of the
Cherokee treaty of 1866) that the location of the two tribes upon the
tract of country selected and desired by them for their future homes, be
approved, and that the price to be paid by them to the Cherokees therefor,
be fixed by the President at twenty-five cents per acre, and further, that
an executive order be issued authorizing the Office of Indian Affairs to
have such tracts set off and assigned to the Osage and Kaw tribes, the
boundaries thereof distinctly designated, and the price to be fixed
thereon named. He further recommended that the sum of twenty-five cents
per acre be fixed as the uniform price for all the Cherokee lands west of
the ninety-sixth meridian. [56]

Secretary Delano on February 24 set forth
the conclusion that according to the Cherokee treaty of 1866 none but
civilized Indians could lawfully settle within the Cherokee country east
of the ninety-sixth meridian, and that the Osages, "not falling within
that description," could not lawfully settle there. According to article
sixteen of the treaty he said it would seem that a district of Cherokee
country west of the said meridian to be occupied by a tribe of Indians,
must be distinctly marked and set apart before the President could
determine the price of the lands included therein, under the provisions of
the article. [57] The next day Commissioner Parker advised Superintendent
Hoag of the conclusion set forth by Delano,

CHAPMAN: REMOVAL OF THE OSAGES 305

but stated that any selection by the Osages of Cherokee lands, west of
the ninety-sixth meridian, to the extent and in the manner provided by law
would be approved. [58]

An article succeeding this one will
explain how the location of the ninety-sixth meridian caused commotion
among the Osages and Cherokees, how President Grant settled the disputed
price of lands, and how the Osages secured a reservation on the southern
border of Kansas.

(To be concluded in the November Quarterly.)

Notes

1. 7 Statutes, 240; Kappler, Indian Affairs, Laws and Treaties, v. II,
pp.
217-221. There were three bands consisting of the Great Osage, Little Osage, and
the Arkansas band. This division is comparatively modern.-Hodge, Handbook of
American Indians, Pt. II, p. 156.
2. Annie H. Abel, "Indian Reservations in Kansas and the Extinguishment of Their
Title," Kansas Historical Collections, v. VIII (1904), pp. 76-77, and map
opposite p. 88.
3. 14 Statutes, 687. Royce, Indian Land Cessions, pp. 836-837; map 26.
4. 14 Statutes, 799; Kappler, v. II, pp. 942-950. Article fifteen of the treaty
follows:
"The United States may settle any civilized Indians, friendly with the Cherokees
and adjacent tribes, within the Cherokee country, on unoccupied lands east of
96°, on such terms as may be agreed upon by any such tribe and the
Cherokees, subject to the approval of the President of the United States, which
shall be consistent with the following provisions, viz.: Should any such tribe or
band of Indians settling in said country abandon their tribal organization, there
being first paid into the Cherokee national fund a sum of money which shall
sustain the same proportion to the then existing national fund that the number of
Indians sustain to the whole number of Cherokees then residing in the Cherokee
country, they shall be incorporated into and ever after remain a part of the
Cherokee nation, on equal terms in every respect with native citizens. And should
any such tribe, thus settling in said country, decide to preserve their tribal
organizations, and to maintain their tribal laws, customs, and usages, not
inconsistent with the constitution and laws of the Cherokee nation, they shall
have a district of country set off for their use by metes and bounds equal to one
hundred and sixty acres, if they should so decide, for each man, woman, and child
of said tribe, and shall pay for the same into the national fund such price as
may be agreed on by them and the Cherokee nation, subject to the approval of the
President of the United States, and in cases of disagreement the price to be
fixed by the President.
"And the said tribe thus settled shall also pay into the national fund a sum of
money, to be agreed on by the respective parties, not greater in proportion to
the whole existing national fund and the probable proceeds of the lands herein
ceded or authorized to be ceded or sold than their numbers bear to the whole
number of Cherokees then residing in said country, and thence afterwards they
shall enjoy all the rights of native Cherokees. But no Indians who have no tribal
organizations, or who shall determine to abandon their tribal organizations,
shall be permitted to settle east of the 96 degrees of longitude without the
consent of the Cherokee national council, or of a delegation duly appointed by
it, being first obtained. And no Indians who have and determine to preserve their
tribal organizations shall be permitted to settle, as herein provided, east of
the 96 degrees of longitude without such consent being first obtained, unless the
President of the United States, after a full hearing of the objections offered by
said council or delegation to such settlement, shall determine that the
objections are insufficient, in which case he may authorize the settlement of
such tribe east of the 96° of longitude."
5. Secretaries Teller and Noble and Chief Joel B. Mayes were agreed upon this
construction. See Senate Executive Documents, 48 Cong., 2 Sess., v. I
(2261), No. 17, p. 5;
6. ibid., 51 Cong., I Sess., v. IX (2686), No. 78, p. 11; Mayes to
Commissioner of Indian Affairs, July 23, 1889, OIA (Office of Indian Affairs),
6227 Ind. Div. 1889.
6. B. B. Chapman, How the Cherokees Acquired the Outlet," Chronicles of
Oklahoma, v. XV (1937), pp. 30-49. r
7. The treaty is in House Reports, 40 Cong., 2 Sess., v. II (1358), No.
63, pp. 14-23.
8. Agent G. C. Snow to Com. E. S. Parker, July 24, 1869,
Indian Affairs, 1869, p. 381. The treaty of September 29, 1865, referred
to the Osages as "greatly impoverished." Three years later they were on the verge
of starvation. Capt. M. V. Sheridan to Maj. Gen. P. H. Sheridan, December 1,
1868, Senate Executive Documents, 40 Cong., 3 Sess., (1360) No. 41. In
1869 Vincent Colyer, a special Indian commissioner, found them "in a state of
almost complete destitution." Report for 1869, House Executive
Documents, 41 Cong., 2 Sess., v. III (1414), p. 513.
Conditions in Kansas were apparently becoming intolerable for the Osages. Their
crops were destroyed by herds of cattle and other stock belonging to white
settlers; and lawless white men stole their horses and robbed their corn cribs.
Agent I.T. Gibson to Enoch Hoag, October 1, 1870; the letter is in Indian
Affairs, 1871, pp. 483-489. Hoag to Commissioner Parker, October 8, 1870,
ibid., 1870, pp. 258-259.
9. Same to same, October 11, 1869, OIA, Neosho, H. 538-1869.
10. The letters are in H. Ex. Docs., 41 Cong., 2 Sess., v. VII (1418), No.
179, pp. 3-5. On February 2, 1870, Gibson urged 'that the government make some
provision for the protection of the Osages, or remove them to a new home.-Gibson
to Hoag, ibid., p. 6.
11. The recommendation is in OIA, Cent. Supt., H. 771-1870.
12. Parker to Sec. J. D. Cox, March 3, 1870, H. Ex. Docs., loc.
cit., pp. 1-2.
13. Gibson to Hoag, March 8, 1870, OIA, Neosho, I. 1133-1870.
14. Parker to Cox, March 29, 1870, OIA,. "Report Book 19," p. 276.
15. Cox to Com. Ind. Aff., April 2, 1870, OIA, "Letters Indian Affairs,"
v. 17, Pt. I, pp. 95-96.
16. Parker to Hoag, April 5, 1870, OIA, "Finance and Misc. Letter Book
95," p. 87. 17. Hoag to Parker, June 7, 1870, OIA, Neosho, H.
1171-1870.
18. Joseph Pah-ne-no-posh to Gibson, May 20, 1870, ibid.
19. Act. Com. W. F. Cady to Sec. Int., June 20, 1870, OIA, "Rept. Book
19," pp. 407-408.
20. 16 Statutes, 362.
21. Parker to Secretary of the Interior, July 19, 1870, Report of Board
of Indian Commissioners, 1870, p. 72. The report of the board for 1870 is also in
S. Ex. Docs., 41 Cong., 8 Sess., v. 1
(1440), No. 39.
22. Cox to Colyer, July 22, 1870, Rpt. of Bd. of Indian Commissioners,
1870, p. 72.
23. Cady to Farwell et al., August 2, 1870, ibid., p. 73.
24. Cady to Hoag, July 22, 1870, ibid., p. 73. Hoag was directed to
instruct Agent Gibson to proceed to the Cherokee country as soon as practicable
and there select and mark out the country to which it was intended to remove the
Osages, and to make such preparations as might be requisite for the establishment
of these Indians comfortably in their new homes.
25. Cady to Hoag, August 6, 1870, OIA, "Land and Civilization Letter Book
96," pp. 466-467.
26. Parker to Colyer and Lang, August 11, 1870, Rpt. of Bd. of Indian
Commissioners, 1870, p. 73.
27. Parker to Hoag, August 11, 1870, ibid., p. 74.
28. Report of the commission, ibid., p. 18.
29. Act. Com. H. R. Clum to A. H. Perry, January 7, 1871, OIA, "Finance
and Misc. Letter Book 99," pp. 21-22.
30. After the commission left the reservation the attitude of the "community" is
explained by the following remark: "The Osages have signed the bill, and we have
got the land; let the half-breeds go to h--1."-Gibson to Colyer, December 24,
1870, Rpt. of Bd. of Indian Commissioners, 1870, pp. 83-84. See, also, the
protest of the commission made about the same time, ibid., pp. 27-29.
31. From "various causes beyond the control" of the Cherokee commissioners named
in Acting Commissioner Cady's letter of August 6, only Vann was at the Osage
agency at this time; and no council between the Osage chiefs and the Cherokee
commissioners took place. See the extract from the message of Prin. Chief Lewis
Downing, November 19, 1870, OIA, Cent. Supt., H. 47-1871.
32. Report of the commission, loc. cit., p. 20.
33. The proceedings of the councils held on September 10 and 12, 1870, are in
ibid., pp. 77-82.
34. The petition is in ibid., pp. 85-86.
35. The act as accepted and signed is in ibid., pp. 76-77.
36. Ibid., p. 4.
37. Gibson to Hoag, October 1, 1871, Indian Affairs, 1871, pp. 489-490.
38. Hoag to H. R. Clum, October 5, 1871, ibid., pp. 464-465.
39. Gibson to Com. E. S. Parker, December 20, 1870, OIA, Cent. Supt., H.
47-1871. The Kaws were about seven hundred in number. In the vicinity of Council
Grove they had a diminished reserve of some 80,000 acres, while their "trust
lands" adjoining the reserve totaled more than 137,000 acres. The Kaws were well
pleased with the selection of land in the northern part of the Osage tract. Agent
Mahlon Stubbs thought it would be difficult to obtain their consent to remove
farther into Indian territory.-Stubbs to Hoag, September 14, 1871, Indian
Affairs, 1871, p. 495; Hoag to Com. F. A. Walker, December 23, 1871, OIA,
Kan., H. 963-1871.
40. Vann to Gibson, August 12, 1870; there is a copy of the letter in OIA,
Cent. Supt., H. 47-1871.
41. Downing to Vann, October 22, 1870; there is a copy of the letter in
ibid.
42. Mr. David Parsons found in Agent Gibson's papers the "Minutes of Osage
Council appointing Del. to Cherokee Nation," dated October 26, 1870. The minutes
were written on the unused parts of a letter. A photostat copy is in the Osage
museum at Pawhuska, Okla. Mr. Parsons is preparing an exhaustive history of the
Osages during the period of their removal from Kansas.
43. Gibson et al. to Cherokee national council, November 18, 1870; there
is a copy of the letter in OIA, Cent. Supt., H. 47-1871.
44. Gibson to W. P. Adair et al., November 30, 1870; there is a copy of
the letter in ibid.
45. Adair and Vann to Gibson, November 30, 1870; there is a copy of the letter in
ibid., 46. Downing to Gibson, November 30, 1870; there is a copy of the
letter in ibid.
47. There is a copy of the act, approved December 1, 1870, in ibid..
48. Gibson to Downing, December 16, 1870; there is a copy of the letter in
ibid.

On December 5, the day after he returned to
Montgomery from Tahlequah, Gibson wrote to Hoag as follows: "The Osage delegation
is sorely disgusted with the heartless avarice and duplicity of the Cherokees and
I am ready to make war on their Government in a peaceable manner. They are
desperately civilized, know how to raise corn and other feed about as well as the
Osages do, but they are utterly unfit to carry on a Government and the sooner the
U. S. Government takes the starch out of them the better it will be for their
civilization and for affiliated and neighboring tribes of Indians. It is their
meanness that has prevented me having Mills, Agency Buildings and other necessary
work completed or in a fair state of progress before winter.
--Letter of December 5, 1870, OIA, Neosho, H. 16681870.
49. The statement is in OIA, Cent. Supt., H. 47-1871. Gibson also enclosed
a copy of the correspondence between the Cherokees and Osages in regard to
entering into negotiations for lands selected by the Osages.
50. A more favorable description of the lands between the ninety-sixth meridian
and the Arkansas was given in the report by Agt. L. J. Miles to Com. Ind. Aff.,
August 11, 1883, Indian Affairs, 188.3, p. 73. The Osage allotting
commission found the Osage reservation to be about forty percent "prairie and
river bottom agricultural land," forty percent "very fine pasture land" and
twenty percent "rough waste land."-C. E. McChesney to Com. Ind. Aff., March 31,
1909, OIA, 25231-1909-313 Osage.
51. Gibson to Vincent Colyer, Rpt. of. Bd. of Ind. Commissioners, 1870,
pp. 84-85. Gibson said that the Cherokees had dodged around in a most aggravating
way and had annoyed the Osages and him "about this land beyond ordinary
endurance."
52. 4 Statutes, 729; 11 Statutes, 332.
53. Parker to Sec. Int., January 31, 1871, H. Ex. Docs., 41 Cong., 3
Sess., v. MI (1460), No. 131, pp. 2-4.
54. Parker to W. P. Adair, January 28, 1871, OIA, (Large) "Letter Book
100," pp. 151-152.
55. Lewis Downing et al., to Parker, February 2, 1871, OIA, Cent.
Supt., D. 35-1871.
56. Parker to Sec. Int., February 16, 1871, OIA, "Report Book 20," pp.
206-213.
57. Delano to Sen. James Harlan, February 24, 1871, OIA, Ind. Div.,
"Letters Indian Affairs," v. 18, Pt. I, pp. 119-126. Delano to Coin. Ind. Aff.,
February 24, 1871, OIA, Cherokee, I. 158-1871. The Osages at that time
were "tribal Indians and not highly civilized." Sue M. Rogers v. The Osage
Nation, 45 Ct. Cls. 388 (1010).
58. Telegram from Parker to Hoag, February 25, 1871, OIA, (Large) "Letter
Book 100," p. 272.